JUDGMENT

(Prayer: Transfer Original Petition (Trademarks) filed under Sections 47 and 57 of the Trade Marks Act, 1999, prays to order the removal of the impugned Trade Mark No.1232740 in Class 30 from the register and award costs and exemplary costs of the proceedings.)

Background

By this petition, the petitioner seeks rectification by way of removal of the following device mark from the register of trade marks:

2. The first respondent applied for registration of the device mark extracted above on 05.09.2003 by asserting use since 01.06.1999. The application was filed in class 30 in relation to toor dal, dal varieties and other goods in class 30. The registration certificate was issued on 19.09.2005 with the limitation that the registration shall not give an exclusive right to use the device of the man and other descriptive matters appearing in the label. A rectification petition was filed by the petitioner earlier in 2006 in respect of the same trade mark and withdrawn in 2013. The present rectification petition was filed in January 2018 before the Intellectual Property Appellate Board (IPAB) and subsequently came to be transferred to this Court.

Counsel and their contentions

3. Oral ar